I 111th CONGRESS 2d Session H. R. 5778 IN THE HOUSE OF REPRESENTATIVES July 20, 2010 Mr. Ross (for himself and Mr. Shimkus) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To facilitate the implementation of the Renewable Fuel Standard, and for other purposes.

1.

Short title

This Act may be cited as the Renewable Fuels Marketing Act of 2010.

2.

Fuel compatibility with infrastructure

(a)

Compatibility

Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended as follows: (1)By redesignating section 9014 as section 9015. (2)By inserting after section 9013 the following new section:

9014.

Compatibility

(a)

Compatibility with renewable fuels

(1)

Guidelines

Not later than 1 year after the date of enactment of the Renewable Fuels Marketing Act of 2010, the Administrator shall issue guidelines for determining whether underground storage tanks and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized by the Administrator or by statute for use in a motor vehicle, nonroad vehicle, or engine. (2)

Application

Guidelines issued under this subsection shall apply with respect to existing underground storage tanks and associated dispensing equipment and with respect to new underground storage tanks and associated dispensing equipment. (3)

Previously listed as compatible

Underground storage tanks and associated dispensing equipment that, as of the date of enactment of this section, have been listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph (1) shall be deemed compatible under the guidelines issued under this subsection. (b)

Liability

No person shall be liable under any provision of this Act or any other provision of Federal or State law on the basis that an underground storage tank or associated dispensing equipment that stores or dispenses any fuel or fuel additive described in subsection (a)(1) is not compatible with such fuel or fuel additive if such tank or equipment has been determined to be compatible with such fuel or fuel additive pursuant to the guidelines issued under such subsection. (c)

Financial assurance

A provider of financial assurance may not deny payment for a claim on the basis that an underground storage tank or associated dispensing equipment is not compatible with any fuel or fuel additive described in subsection (a)(1) if such tank or equipment is determined to be compatible with such fuel or fuel additive pursuant to the guidelines issued under such subsection. (d)

Definitions

In this section: (1)

Associated dispensing equipment

The term associated dispensing equipment means equipment that is— (A)for the dispensing or storage at retail of any fuel or fuel additive described in subsection (a)(1); and (B)subject to regulation under section 1926.152 of title 29, Code of Federal Regulations, as in effect on the date of enactment of the Renewable Fuels Marketing Act of 2010. (2)

Compatible

The term compatible has the meaning given such term in section 280.12 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the Renewable Fuels Marketing Act of 2010. (3)

Provider of financial assurance

The term provider of financial assurance has the meaning given such term in section 280.92 of title 40, Code of Federal Regulations, as in effect on the date of enactment of the Renewable Fuels Marketing Act of 2010.

. (b)

Table of contents

The table of contents in section 1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by striking the item related to section 9014 and inserting the following: 9014. Compatibility. 9015. Authorization of appropriations. .

3.

Misfueling

(a)

Misfueling

Section 211(g) of the Clean Air Act (42 U.S.C. 7545(g)) is amended by adding at the end the following new paragraph: (3)(A)Not later than one year after the date of enactment of the Renewable Fuels Marketing Act of 2010, the Administrator shall promulgate regulations that set forth requirements for the labeling of associated dispensing equipment as the Administrator determines necessary to prevent the introduction of any transportation fuel described in subparagraph (C) into a motor vehicle, nonroad vehicle, or engine that is not compatible with such transportation fuel. (B)A person selling a transportation fuel described in subparagraph (C) who complies with the regulations under subparagraph (A) shall not be liable, under any provision of this Act or any other provision of Federal or State law, for— (i)a self-service purchaser’s introduction of such a transportation fuel into a motor vehicle, nonroad vehicle, or engine that is not compatible with such transportation fuel; or (ii)the voiding of the manufacturer’s warranty of such a vehicle or engine from such introduction of such a transportation fuel. (C)A transportation fuel described in this subparagraph is a fuel that contains a fuel or fuel additive that is authorized, after January 1, 2010, by the Administrator or by statute, for use in a motor vehicle, nonroad vehicle, or engine. (D)In this paragraph the term associated dispensing equipment has the meaning given such term in section 9014(d) of the Solid Waste Disposal Act. . (b)

Penalties

Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended— (1)in paragraph (1), by inserting (g), after or the regulations prescribed under subsection (c),; and (2)in paragraph (2), by inserting (g), after of the regulations prescribed under subsections (c),.